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STOKES v. CITY OF MISHAWAKA

No. 3-481A106.

441 N.E.2d 24 (1982)

Charles STOKES, et al., Plaintiffs-Appellants, v. CITY OF MISHAWAKA, Indiana, and Moyer-Turk Associates, an Indiana Partnership, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 13, 1983.

Attorney(s) appearing for the Case

Don G. Blackmond, South Bend, for plaintiffs-appellants.

John D. Bodine, George V. Filippello, Mishawaka, for defendants-appellees.

GARRARD, Judge.

The appellants are homeowners residing outside the city limits of Mishawaka. They sought a declaratory judgment to the effect that an ordinance zoning a tract of land for commercial development was invalid. After a hearing the trial court ruled that appellants ("homeowners") did not have standing to maintain their action and should take nothing by way of their complaint. From a denial of their motion to correct errors homeowners now appeal.

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